Commentary: "Citizens' group"
is the generic name used by this Charter to describe any agency of
government. It would not include the Board, its committees or the
township officers or employees. For example, a meeting of township
department heads would not be a citizens' group, but a township
department head could be one (1) member of a citizens' group.
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The threshold question is what function should be delegated to citizens' groups and in what manner. Obviously, unless statutes require otherwise, the power to make policy should be left to the Board. It was felt that even administrative functions should not be delegated generally except with supervisory review by the Manager and ultimately by the Board. Section C1301C(4) states the general principle. One (1) example would be the Electrical Examining Board.
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The only other areas where it is contemplated that governmental functions will be exercised by other than the Board are those areas where there is a public purpose which transcends the fundamental principle that governmental functions in the township should be exercised by the Board. Such areas are where a joint function is to be undertaken with other governmental units such as another township or the Cheltenham School Board [see § C1301C(2)]; or where the condition of a grant from the state or federal government (or in significant amounts from a private source) is that the funds are to be administered by a citizens' group [see § C1301C(3)].
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The Fire Board is a citizens' group permitted
by this Charter. The fire companies are not citizens' groups.
Nothing in this Charter prohibits the continued appropriation of township
funds to fire companies as is the current practice.
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Commentary: The President is required by the terms of § C1302A to make a nomination in order to assure that someone will have that responsibility, but the other Board members may also nominate, and it is the Board which appoints. Because such appointments are important, the Charter requires at least an absolute majority of Commissioners to agree.
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The purpose of § C1302B is to assure, to the extent practicable, that the public is aware that a vacancy on a citizens' group is to be filled so that interested citizens may apply. Thus, as to the certain important citizens' groups, advertising is required. As to other citizens' groups, in order not to delay the Board, advertising is not required, but a notice must be posted in the Township Building; any citizen desiring to be informed of such posted intentions to nominate may obtain copies of such notices pursuant to § C1403A.
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The four-year term provided in § C1302C is to ensure against indefinite tenure by neglect. The Board must at least review and appoint each four (4) years. A six-year term is provided for Civil Service Commission members (see § C1304) since the current Civil Service Commission for police requires such terms, Township Code Section 626,[1] and it was desired to have one such Commission for the
township.
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Section C1302D enunciates the principle that appointment to citizens' groups will be made from among township electors of more than one (1) political party. Although it does not apply to purely advisory bodies, the GSC hopes that the principle is adopted for all citizens' groups except where size makes its application impractical. This will minimize use of citizens' group appointments for honoraria or political reward.
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As stated, § C1302D would not operate to remove any present member from a citizens' group, but no new appointment or reappointment could be made if this would result in more than two-thirds (2/3) [or eighty percent (80%), where applicable] of that group being composed of members of one (1) political party. To avoid a prohibition against reappointing the member of a citizens' group whose term first expires after the Charter's effective date, the operative date of the § C1302D requirement is postponed for two (2) years after the Charter's effective date.
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It should be noted that this provision does not pertain
to a situation where an ordinance or statute requires such appointment
because of the position that a person holds. For example, if an ordinance
required that all members of a particular citizens' group were
to be the presidents of ten (10) specific civic associations, then
such appointments would be made "by virtue of positions..." and would
be made without regard to the membership which such persons might
hold in any particular political party.
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If the ordinance provided that those officers in the
ten (10) civic associations were to sit with five (5) other persons
appointed by the Board, then the civic association representatives
would constitute a class, as would the remaining five (5) members
to be appointed from the public. Again, the ten (10) representatives
of civic associations would be appointed without regard to their political
affiliations. Inasmuch as the ordinance does not specify that the
remaining five (5) members are appointed because of positions they
hold, the provisions of this section would apply, and not more than
four (4) of the five (5) persons appointed in that class could be
members of the same political party.
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Commentary: Presently each citizens'
group reports to the Board through the committee of the Board which
is most interested in its work. It is assumed that this reporting
procedure will continue until and unless the Board decrees otherwise.
Alternatively, the Board could provide that a particular citizens'
group should report its activities to the Township Manager.
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A /citizens' group may be authorized to purchase goods or services pursuant to a statute or in accordance with an ordinance promulgated as provided in § C1301. Certainly such a group should not be permitted to purchase goods or services in a manner less restrictive or careful than that mandated for the Board itself.
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The provisions of § C1303D extend the bar against certain political activity to employees of citizens' groups because they, too, in reality are employees of the township and are so perceived by the public. The justification for this limited prohibition is the same as expressed in the commentary to § C1107. Generally, the § C1107 restrictions are not imposed on elected officials or members of citizens' groups. Its imposition on members of the Zoning Hearing Board and the Civil Service Commission (other than a member who is also an elected official) is justified by reason of the sensitive quasi-judicial nature of these groups.
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Commentary: The three-member, six-year
term provisions are identical to those required by state law for the
Civil Service Commission which presently administers civil service
for police. This Commission will now expand its functions to include
administration of the township's personnel system for all permanent,
full-time, non-policy-making employees. The basic evaluation of candidates
for township employment shall continue to be made by the Township
Personnel Director, who will now be supervised in performing that
function by the Civil Service Commission.
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Commentary: The Municipal Planning
Code, 53 P.S. § 10101 et seq. (the "MPC"), permits a Planning
Commission of three (3) to nine (9) members, with four-year terms,
but its creation is optional. The MPC does not require a Planning
Commission, but this Charter mandates it. Under the MPC, any such
Commission may be required to submit a Comprehensive Plan and has
the power to involve itself in broad questions of land use, housing,
environment and capital improvements, if the Board requests. The Planning
Commission must also be consulted on any change to the Comprehensive
Plan, the Official Map or any Zoning or Subdivision Ordinance, under
the MPC. This Charter specifies the Planning Commission's responsibilities,
which go well beyond land use questions. The present Planning Commission
felt that a group of five (5) to seven (7) was more manageable, and
the GSC accepted this judgment.
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Commentary: All citizens' groups, as defined in § C1301, are subject to the provisions of Article XIII. The purpose of § C1309 is to make clear that this Article also applies to particular groups mandated by state statutes and to immunize others from Board change. For example, a Zoning Hearing Board is now required by the Municipalities Planning Code.[1] It is not required by this Charter. If the MPC requirement
were dropped, the township would be free to reappraise zoning procedures
without any restrictions in this Charter. But so long as a Zoning
Hearing Board exists, it is a citizens' group under this Charter.
The MPC specifies only that there shall be three (3) members who shall
have three-year terms. But the Charter additionally requires that
no more than two (2) members of the Zoning Hearing Board could be
of the same political party (except that the terms of those in office
when the Charter becomes effective shall continue without interruption).
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Generally, the Board may create, modify or abolish any citizens' group. It does not have that power as to the groups specifically mandated by the Charter. The transition provision will keep all present citizens' groups for a time. But it will be the Board which will then decide whether the non-Charter groups continue or not, and it will have to continue a group by specific affirmative direction in an ordinance. See § C1504.
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